180

Taking in charge of estates1

(1) Where a development for which permission is granted under section 34 or under Part IV of the Act of 1963 includes the construction of 2 or more houses and the provision of new roads, open spaces, car parks, sewers, water mains or service connections (within the meaning of the Water Services Act 2007),2and the development has been completed to the satisfaction of the planning authority in accordance with the permission and any conditions to which the permission is subject, the authority shall, where requested by the person carrying out the development, or, subject to subsection (3), by the majority of the owners of the houses involved,3as soon as may be, initiate the procedures under section 11 of the Roads Act, 1993.

(2) (a) Notwithstanding subsection (1), where the development referred to in subsection (1)4has not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced by the planning authority within seven years beginning on the expiration, as respects the permission authorising the development, of the appropriate period, within the meaning of section 40 or the period as extended under section 42, as the case may be, the authority shall, where requested by the majority of owners of the houses involved,5comply with section 11 of the Roads Act, 1993, except that subsection (1)(b)(ii) of that section shall be disregarded.

(b) In complying with paragraph (a), the authority may apply any security given under section 34(4)(g) for the satisfactory completion of the development in question.

(2A)

(a) Notwithstanding subsections (1) or (2), where a development referred to in subsection (1) has not been completed to the satisfaction of the planning authority and either—

(i) enforcement proceedings have been commenced by the planning authority within seven years beginning on the expiration, as respects the permission authorising the development, of the appropriate period, or

(ii) the planning authority considers that enforcement proceedings will not result in the satisfactory completion of the development by the developer,

the authority may in its absolute discretion, at any time after the expiration as respects the permission authorising the development of the appropriate period, where requested by a majority of the owners of the houses in question, initiate the procedures under section 11 of the Roads Act 1993.

(b) In exercising its discretion and initiating procedures under section 11 of the Roads Act 1993, the authority may apply any security given under section 34(4)(g) for the satisfactory completion of the development in question.4

(3)

(a) The planning authority may hold a plebiscite to ascertain the wishes of the owners of the houses.6

(b) The Minister may make or apply any regulations prescribing the procedure to be followed by the planning authority in ascertaining the wishes of the owners of the houses.7

(4) (a) Where an order is made under section 11(1) of the Roads Act 1993 in compliance with subsection (1) or (2), the planning authority shall, in addition to the provisions of that section, take in charge—

(i) (subject to paragraph (c)), any sewers, watermains or service connections within the attendant grounds of the development, and

(ii) public open spaces or public car parks within the attendant grounds of the development.

(b) Where an order is made under section 11(1) of the Roads Act 1993 in compliance with subsection (2A), the planning authority may, in addition to the provisions of that section take in charge—

(i) (subject to paragraph (c)) some or all of the sewers, watermains or service connections within the attendant grounds of the development, and

(ii) some or all of the public open spaces or public car parks within the attendant grounds of the development,

and may undertake,

(I) any works which, in the opinion of the authority, are necessary for the completion of such sewers, watermains or service connections, public open spaces or public car parks within the attendant grounds of the development, or

(II) any works as in the opinion of the authority, are necessary to make the development safe,

and may recover the costs of works referred to in clause (I) or (II) from the developer as a simple contract debt in a court of competent jurisdiction.

(c) A planning authority that is not a water services authority within the meaning of section 2 of the Act of 2007 shall not take in charge any sewers, watermains or service connections under paragraph (a)(i) or (b)(i), but shall request the relevant water services authority to do so.

(d) In paragraph (a)(ii), ‘public open spaces’ or ‘public car parks’ means open spaces or car parks to which the public have access whether as of right or by permission.

(e) In this subsection, ‘public open spaces’ means open spaces or car parks to which the public have access whether as of right or by permission.8

(5) Where a planning authority acts in compliance with this section, references in section 11 of the Roads Act, 1993, to a road authority shall be deemed to include references to a planning authority.

(6) In this section ‘appropriate period’ has the meaning given to the term in section 40, as extended under section 42 or 42A as the case may be.9

NOTES

1Section180 was new in the 2000 Act. It provides that where a housing estate has been completed in compliance with the conditions of a planning permission and to the satisfaction of the local authority, the local authority must, if requested by a majority of the residents, take the estate in charge.

Even if the estate has not been completed to the satisfaction of the local authority and no enforcement proceedings have been taken against the developer within seven years from the expiration of the planning permission, the local authority shall, if requested to do so by a majority of the residents, take the estate in charge.

It may apply any sums received from the developer as security on the granting of the permission towards the cost of completing the development. It is clear that if the development does not comply with the conditions of the planning permission, the local authority may, within seven years beginning on the expiration of the planning permission, take enforcement proceedings to compel the developer to complete the development fully.

The local authority may hold a plebiscite to ascertain the wishes of the residents.

2As inserted by the Water Services Act 2007 which came into force on 31 December 2007 (SI 846/2007).

3Subsection (1) amended by PD(A)A 2010, s 59(a).

4Subsection (2)(a) amended by PD(A)A 2010, s 59(b).

5Subsection (2A) inserted by PD(A)A 2010, s 59(c).

6Subsection (3)(a) amended by PD(A)A 2010, s 59(d).

7Subsection (3)(b) amended by PD(A)A 2010, s 59(e).

8Subsection (4) substituted by PD(A)A 2010, s 59(f).

9Subsection (6) substituted by PD(A)A 2010, s 59(g).